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Regulation Gazette No. 42813, 01 November 2019, Vol 653 No. 11000, Page 49

20191101 - Regulation Gazette No 42813 of 01-November-2019, Volume 653 No 11000, page 49

Page	49 of 68
Gazette	Regulation Gazettes, No 42813, from 01 November, 2019
Department	Labour
Notice	Page No. 11 of 14, Notice No. 1416, Labour Relations Act, 1995 » Bargaining Council for Civil Engineering Industry (BCCEI) » Extension of Exemptions Collective Agreement to Non-parties

STAATSKOERANT, 1 NOVEMBER 2019                       No. 42813    49

c)    CIRBF representatives must be given the opportunity to address management and the
                  workforce prior to exemption being considered.
            d)    The majority of the affected employees must support the application for exemption and
                  the remainder will be required to follow the majority decision. Exemption will only be
                  given in respect of all employees in order to avoid selective membership to the possible
                  disadvantage of the CIRBF.
            e)   Where the majority of affected employees are members of a trade union which is a
                  signatory to the CIRBF Collective Agreement, the trade union must support the
                  application.
            f)   The exemption can be withdrawn by the Committee or IAB should circumstances warrant
                  it.
            g)    Benefits may not be reduced without a fresh exemption application to this effect being
                  made and granted.
            h)   The application is to be submitted by the Secretariat to the CIRBF Fund Administrators
                 for comparison     The Committee or IAB may approach an independent actuary to
                 evaluate a complex application if and when required.

8.    Exem tions from a ment of interest

a)   Applications for exemption from payment of interest levied on payment of fund
                 contributions which are in arrears must be submitted to the BCCEI for consideration by
                 the Committee or IAB.
            b)   Applications must be accompanied by the reasons as to why the payments of funds are
                  in arrears.

9.   General

a)   The Committee or IAB may consult an expert(s) when considering applications, or invite
                 oral motivations.
            b)   The Office must notify the applicant of the decision of the Committee or IAB within 14
                  (fourteen) calendar days of the last date of the meeting of the Committee or IAB.
                  Reasons for the decision must be provided, within 14 (fourteen) calendar days of the date
                 of the meeting.
            c)    If the application is granted, the Office shall issue an exemptions licence signed by the
                 General Secretary or a person designated by him /her, containing the following:

i. The name of the applicant(s);
                  ii. The clause /s of the agreement from which exemption is granted;
                  iii. The period for which the exemption shall operate;
                  iv. The date issued;
                  v. The condition(s) of the exemption granted.

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